Armstrong v. Wilson's Trustees [1904] ScotLR 42_286 (22 December 1904)

Armstrong v. Wilson's Trustees [1904] ScotLR 42_286 (22 December 1904)

Trustees were not proved to have acted imprudently, negligently, or unfairly, nor was loss to the trust estate shown to have been caused by their fault; rebuilding was not ultra vires in the special circumstances; no liability attaches to trustees for the loss.

Citation
[1904] ScotLR 42_286
Parties
Pursuers/beneficiaries: Ann Henderson Armstrong and others; Defenders/trustees: Andrew Ker and others (Wilson's Trustees)
Jurisdiction
Scotland
Judgment Date
22 December 1904
Procedural Posture
Action of Count, Reckoning, and Payment / Inner House, First Division, Court of Session (appeal/reclaiming Motion)
Outcome
Action dismissed; interlocutor of Lord Ordinary adhered to; trustees assoilzied (absolved) from liability.
Legal Topics
Trustee Powers, Trustee Liability, Liferent, Heritable Property Management, Goodwill Valuation, Ultra Vires Acts, Speculative Investment by Trustees
Trusts and Estates Property Law Trustee Powers Trustee Liability Liferent Heritable Property Management Goodwill Valuation Ultra Vires Acts +1 more

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Parties

Ann Henderson Armstrong and others

Pursuers/beneficiaries

Andrew Ker and others (Wilson's Trustees)

Defenders/trustees

Procedural Posture

Action of Count, Reckoning, and Payment / Inner House, First Division, Court of Session (appeal/reclaiming Motion)

Legal Issues

  1. 1 Whether trustees acted ultra vires or imprudently in rebuilding trust property without express power
  2. 2 Whether trustees are liable for loss to the trust estate resulting from rebuilding and repairs
  3. 3 Whether trustees failed to account for goodwill of the business

Ratio Decidendi

Trustees were not proved to have acted imprudently, negligently, or unfairly, nor was loss to the trust estate shown to have been caused by their fault; rebuilding was not ultra vires in the special circumstances; no liability attaches to trustees for the loss.

Court Disposition

Action dismissed; interlocutor of Lord Ordinary adhered to; trustees assoilzied (absolved) from liability.

Orders

  • Trustees absolved from conclusions of the summons
  • No liability for loss to trust estate